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79R3951 KEL-D

By:  Herrero                                                      H.B. No. 1184



A BILL TO BE ENTITLED

AN ACT

relating to a policy regulating the use of textbooks in certain 
courses offered by public institutions of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 51, Education Code, is 
amended by adding Section 51.968 to read as follows:
	Sec. 51.968.  POLICY REGULATING USE OF TEXTBOOKS IN CORE 
CURRICULUM COURSES.  (a)  In this section:
		(1)  "Core curriculum" has the meaning assigned by 
Section 61.821.   
		(2)  "Governing board" and "institution of higher 
education" have the meanings assigned by Section 61.003.
	(b)  The governing board of each institution of higher 
education that offers courses in the core curriculum shall adopt a 
policy that regulates the use of textbooks in core curriculum 
courses at that institution.  The policy:
		(1)  must encourage faculty members to teach core 
curriculum courses using the same textbooks and the same editions 
of those textbooks to the extent practicable from one academic year 
to the next;
		(2)  must require that, absent good cause for a change 
as established by the appropriate faculty member, department, or 
school, the same textbook and textbook edition, or textbooks and 
editions, as applicable, be used for a period of at least three 
academic years in a specific core curriculum course, regardless of 
the faculty member teaching the course and regardless of how 
frequently the institution offers the course  during that period; 
and
		(3)  may provide that, as applied to any specific 
course, the period described by Subdivision (2) may include one or 
more academic years occurring immediately before the policy takes 
effect.
	(c)  For purposes of Subsection (b), good cause for changing 
the textbook requirements for a course includes ensuring that 
textbooks and textbook editions reflect:
		(1)  significant advances in knowledge or technology 
affecting the subject matter of the course; and
		(2)  significant differences between sections of a 
course in emphasis placed on one or more course topics or 
objectives.
	(d)  The governing board shall seek advice and comment from 
faculty and students at the institution before adopting a policy 
under this section.
	(e)  The governing board shall make the policy available to 
the public by publishing the policy in the institution's catalog 
and by any other method the board considers appropriate.
	(f)  The governing board shall file a copy of the policy 
adopted under this section, and any amendments to that policy, with 
the Texas Higher Education Coordinating Board.
	SECTION 2.  Not later than January 1, 2006, for one or more 
academic years beginning with the 2006-2007 academic year, each 
governing board of an institution of higher education shall adopt 
the policy required by Section 51.968, Education Code, as added by 
this Act, for that institution, and not later than August 1, 2006, 
shall file a copy of the policy with the Texas Higher Education 
Coordinating Board.
	SECTION 3.  This Act takes effect September 1, 2005.